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Fouldes v. Willoughby
Court of Appeal, Exchequer Division
151 Eng. Rep. 1153 (1841)
An owner of two horses (plaintiff) sued a ferryman (defendant) for conversion of the owner’s horses. The owner had boarded the ferry to cross a river and became disruptive. To get the owner off the ferry, the ferryman removed the owner’s two horses and took them to a local hotel with a stable. When the owner did not retrieve the horses, the hotel sold them. The trial judge instructed the jury that by taking the horses from the ferry, the ferryman had committed conversion. The ferryman appealed.
Rule of Law
Holding and Reasoning (Lord Abinger, J.)
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